Falgate v Masterform [2005] NSWSC 728

Falgate v Masterform [2005] NSWSC 728

Failure to comply with the statutory timetable for notification and service under s17, depriving the plaintiff of a genuine opportunity to respond and prepare a payment schedule, amounted to a substantial breach of natural justice, justifying the adjudication determination being set aside as void.

Parties
Plaintiff: Falgat Constructions Pty Limited; Defendant: Masterform Pty Limited
Jurisdiction
Australia
Judgment Date
03 August 2005
Procedural Posture
Application by Amended Summons / Final Determination of Summons Seeking Declaration
Outcome
Adjudication determination declared void; costs awarded to plaintiff subject to submissions.
Legal Topics
Payment Claim Under Security of Payment Act, Natural Justice in Adjudication, Adjudication Proceedings, Set Aside of Adjudicator's Determination
Building and Construction Law Administrative Law Payment Claim Under Security of Payment Act Natural Justice in Adjudication Adjudication Proceedings Set Aside of Adjudicator's Determination

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Parties

Falgat Constructions Pty Limited

Plaintiff

Masterform Pty Limited

Defendant

Procedural Posture

Application by Amended Summons / Final Determination of Summons Seeking Declaration

Legal Issues

  1. 1 Whether the claim was a payment claim under the Act
  2. 2 Whether failure to allow statutory time before adjudication was a substantial breach of natural justice
  3. 3 Whether failure to serve application for adjudication was a breach of natural justice

Ratio Decidendi

Failure to comply with the statutory timetable for notification and service under s17, depriving the plaintiff of a genuine opportunity to respond and prepare a payment schedule, amounted to a substantial breach of natural justice, justifying the adjudication determination being set aside as void.

Court Disposition

Adjudication determination declared void; costs awarded to plaintiff subject to submissions.

Orders

  • Adjudication Determination made by Philip Martin dated 20 August 2004 is declared void.
  • Defendant to pay the plaintiff's costs (subject to submissions).